Art. 771 The current account merchant (trade) is a bilateral and commutative contract.
One of the parties refers to the other, or receives from it, amounts of money or other securities.
Without application to determined employment, nor obligation to have to the order an amount or an equivalent value. But in charge of:
- “Credit” the sender for his remittances,
- To liquidate them in the agreed times,
- Compensate them at one time until the concurrence of “debit and credit”, and
- Pay the balance.
Bilateral and commutative contract by which:
- Two parties make reciprocal remittances
- Of money or other securities
- Without specific application.
- So the values merge into a single account merchant,
- Losing its individuality (it can not be determined a priori who is debtor and who creditor)
- To compensate them at one time, and pay the balance
- Sender: who sends the remittance and in favor of whom would be born a credit
- Recipient or remitted: who receives the remittance and would be constituted as debtor
- Nominee, typical: Commercial Code Articles 771-790
- Real: because although the contract is with the will of the parties, it is only an agreement, it is necessary for the parties to remittances.
- Bilateral: both parties have benefits, reciprocal remittances.
- Oneroso, this arises from two elements
1. benefits and costs: they mean to both contracting and granting maintenance, cr í é dito rec PROCO for operating the account merchant.
2. the balance accrues interest
- No Formal: Art 789, is not required for its constitution any way, its existence can be established by any of the means established by the code.
- Successive tract: are held to produce effects in the future and that is go running continuously until contract completion operations
Difference with the Simple Account or Management
Art. 772. The account merchants that do not meet all the conditions set forth in the preceding article, are simple or management accounts and are not subject to the provisions of this title.
Single or account merchant management: credit granted by traders to their customers to make purchases without paying at the time, deferring the payment obligation up to a certain amount or for a while.
They arise from their own elements or conditions
1. Transfer remittance: transferring ownership of remittances from sender to receiver. This transfer of ownership of the credit authorizes the recipient to freely dispose of what has been forwarded.
2. Compensation: occurs when 2 people, in their own right, meet the quality of debtor and creditor another.
Art. 771 provides that the amounts of money and other valuables that the parties refer. Must compensate at one time until the concurrence of debit and credit. Compensation occurs at the end of the CCM and gives the balance. Prior to the compensation none of the interested parties is considered debtor or creditor.
3. Ovation: transformation of an obligation on another. An obligation to be born a new one , which will be the final balance of the current account merchant is extinguished.
The original claim is extinguished, changes the statute of limitations (5 years), real and personal guarantees inherent to credit is extinguished, privileges credits passing the current account merchant are lost. Art. 775. Admission current account, securities previously owed by one party to the other, produces novation.
The also produces all credit against each other, for any reason and time that is, if the credit goes to the account.
To prevent novation, special reserve of stakeholders or one of them is required. In the absence of an express reservation, the admission of a current account merchant value, made purely and simply presumed.
4. Indivisibility current account: the appropriations carried over to the CCM lose their individuality to form a mass of remittances credited with respect to which should be discounted the possibility of a particular settlement.
The obligation is unique.